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Breaking stories
Man sacked for accessing adult websites loses claim
A Cork security firm worker has lost his claim for unfair dismissal after being sacked for accessing adult sites on the internet while at work.
By Seán McCárthaigh
The Employment Appeals Tribunal ruled that Robert Bailey was not unfairly fired from his job at Alertline — a security monitoring firm based at the Nordic Enterprise Park in Midleton, Co Cork — as his actions had posed a risk to the business. The tribunal said Mr Bailey of Rock Grove, Midleton, Co Cork, who had worked with the company since its establishment in 1984, was aware of the firm’s unwritten code of conduct which prohibited employees from using the internet while at work.
The company’s managing director gave evidence that there were a number of incidents involving Mr Bailey over the years which had resulted in him being issued with a written warning.
The tribunal heard that Mr Bailey complained of being bullied whenever he was reprimanded. However, the managing director said he was aware that Mr Bailey had been bullied as a child and he had dealt with the matter fairly by giving him extra help when needed.
He told the tribunal that he was informed on May 21, 2010, that the claimant had been accessing adults sites during work hours on the company’s computer system, contrary to Alertline’s regulations which prohibited use of the internet because of the risk to the system of a virus. Mr Bailey was suspended for two weeks on full pay.
A subsequent investigation discovered adult websites had been accessed on numerous occasions when Mr Bailey was at work and logged on to the system.
Mr Bailey was dismissed following a disciplinary hearing on Jun 3, 2010, at which he did not deny accessing such websites.
At an unsuccessful appeal hearing, he said he was driven to access such websites as a result of bullying by Alertline’s managing director, an allegation refuted by the company.
In evidence, Mr Bailey admitted he was aware of the company’s code of conduct.
Meanwhile, supermarket group, Tesco was ordered to pay €13,000 in compensation to a former checkout operator who was sacked after failing to scan four items while serving a customer in Nov 2009.
The Employment Appeals Tribunal ruled Laura Gannon of Berryfield Rd, Finglas, in Dublin, was unfairly dismissed given that she had an unblemished employment record over the previous eight years.
While the tribunal acknowledged Tesco had a need to take action against a serious problem of stock losses in the store, it found the sanction of dismissal was not warranted given Ms Gannon’s actions.
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